FINAL Flashcards
1
Q
What are the four purposes of criminal law?
A
- Deterrence
- Rehabilitation
- Incapacitation
- Retribution (punishment)
2
Q
What are the two basic elements of a crime?
A
- mental element
- physical element
3
Q
What is the term for a guilty state of mind?
A
Mens Rea
4
Q
What are the four states of mind that fulfill the mens rea requirement?
A
- Purposefully
- Knowing
- reckless
- Negligent
5
Q
What is the term for the physical aspect of a crime?
A
Actus Reus
6
Q
Murder, battery, assault, and rape are crimes committed against who?
A
people
7
Q
Burglary, embezzlement, or receiving stolen property are crimes against what?
A
Property
8
Q
Hate crimes, vagrancy, and disorderly conduct are crimes against who?
A
Public
9
Q
The most serious category of a crime that is punishable with a minimum of one year in jail is known as what?
A
A felony
10
Q
A category of a crime with a maximum sentence of one year is known as what?
A
A misdemeanor
11
Q
A category of a crime with a maximum penalty of 6 months in jail is known as what?
A
A Petty Offense
12
Q
A reckless or intentionally harmful/offensive touching of another that is both a crime and a tort is known as what?
A
Battery
13
Q
Placing another in apprehension of fear of an imminent battery that is both a crime and a tort is known as what?
A
Assault
14
Q
Unlawful taking, confinement, and carrying away of another person by threat/force/fraud/deception is known as what?
A
Kidnapping
15
Q
The intentional interference with another person’s liberty through force or threat without authority is known as what?
A
False Imprisonment
16
Q
The unlawful entry of a structure or building for the purpose of committing a felony inside is known as what?
A
Burglary
17
Q
The taking of the life of another human being is known as what?
A
Homicide
18
Q
The highest form of homicide where the act was premeditated, willful, and deliberate is known as what?
A
First Degree Murder
19
Q
Any homicide that is not first degree or manslaughter is known as what?
A
Second Degree Murder
20
Q
Diminished capacity, self defense, and duress are what?
A
Defenses to criminal charges
21
Q
Nothing done under valid public authority is a crime unless the authority is what?
A
Exceeded or abused
22
Q
What are the two privileges of preventing crime?
A
- intervene for the purpose of preventing
- defend person or property
23
Q
What is it called when one who is without fault uses nondeadly force to avoid being harmed by another?
A
Self-defense
24
Q
What are the two theories about using deadly force?
A
Retreat or no retreat
25
The use of nondeadly force must not what?
Excess what is necessary for the situation
26
Deadly force is not proper if for the protection of what?
- uninhabited realty
| - personal property
27
The castle doctrine is a set of self defense laws that refer to what?
Your property
28
Stand your ground self defense does not require what?
A duty to retreat before using deadly force
29
A person who actually engaged in the illegal act that constitutes the offense is known as what?
A principal in the first degree
30
A person who aided, commanded, or encouraged the principle and was present at the crime is known as what?
Principal in the second degree
31
A person who assisted or encouraged, but was not present is known as what?
Accessory before the fact
32
A person with knowledge that the other committed a felony, assisted him to escape arrest or punishment is known as what?
Accessory after the fact
33
The unlawful confinement of a person without his valid consent is called what?
False Imprisonment
34
Unlawful killing of a human being with malice aforethought is known as what?
Murder
35
Malice aforethought exists with one of how many states of mind?
4
36
Reckless indifference to an unjustifiably high risk to human life leads to what?
Depraved heart murder
37
A killing that would be murder, but for the existence of adequate provocation is known as what?
Voluntary manslaughter
38
A killing that is committed with criminal negligence, that is the defendant was grossly negligent or during the commission of an unlawful act is known as what?
Involuntary manslaughter
39
The fourth amendment prohibits what?
unreasonable searches and seizures
40
What is the exclusionary rule?
Evidence obtained illegally cannot be used at the trial
41
What court case established the doctrine of "fruit of the poisonous tree?"
Mapp v. Ohio
42
What is stop and frisk?
when police pat down suspects for weapons when they stop them
43
The rules that specify lawful seizure are found in what court case?
Terry v. Ohio
44
Which amendment guarantees people the right to be free from self incrimination?
5th
45
Which court case established the precedent of being free from self incrimination?
Miranda v. Arizona
46
Which amendment requires a counsel for a criminal defendant during all stages of the trial?
6th
47
What are pretrial activities?
When a criminal is booked, searched, and placed in jail after an arrest
48
Who sets the bail amount?
The judge
49
The first time the defendant is taken before the judge is called what?
the initial appearance
50
The second time the defendant appears before a judge is called what?
The preliminary hearing
51
What are the 2 forms of formal charges?
- an information is filed by the prosecutor
| - an indictment is filed by the grand jury
52
After the info/indictment is filed with the court, the defendant makes another court appearance called what?
Arraignment
53
What are the three pleas criminal defendants may enter?
- not guilty
- guilty
- nolo contendere
54
What is nolo contendere?
Does not deny or admit
55
What is a statement of facts that enumerate the specific acts charged called?
Bill of Particulars
56
What are the three pretrial motions that may be filed?
- motion to dismiss
- motion for change of venue
- motion to suppress evidence
57
What are the three exceptions to the warrant requirement?
- plain view
- hot pursuit
- exigent circumstances
58
The practice of law involves what 3 things?
- appearing in court
- offering legal advice
- preparing legal documents
59
What are legal assistants known as?
Paralegals
60
A nonlawyer may not share in what?
The profits of a lawyer's practice
61
The ethical responsibilities of attorneys are established in each state by what?
- the legislature
| - the supreme court of the state
62
The code of ethics of most states are based on what?
Standards set by the American Bar Association
63
What expresses in general terms the standards of professional conduct expected of lawyers?
Canons
64
What represents the principles upon which lawyers can rely for guidance in specific situations?
Ethical Considerations
65
What are the mandatory and state minimum conduct below which no lawyer can fail without being subject to disciplinary action called?
Disciplinary rules
66
What is canon 1?
Integrity and competence
67
What is canon 2?
Pro bono service
68
What is canon 3?
Prevent unauthorized practice of law
69
What is canon 4?
Preserve client confidentiality
70
What is canon 8?
regulates conduct of lawyers who are public officials or judicial candidates
71
What is DR9?
Attorney should not combine client funds and personal funds
72
A ceremonial wedding is done though what?
A ceremony and a license
73
The marrying parties must have what?
Capacity
74
What are the two implications of a marriage relationship?
- obligation of sexual exclusivity
| - obligation of mutual economic support
75
What are the two ways to dissolve a marriage?
- divorce
| - annulment
76
Why is PA called a hybrid jurisdiction?
It has fault and no fault grounds
77
What is recrimination?
comparable misconduct; equal fault
78
What is filed for divorce after 90 days?
An affidavit
79
What is an annulment?
When the grounds predate the marriage; some make it void, other make it voidable
80
What are the three grounds for void marriages?
- bigamy
- insanity
- incest
81
What are the four grounds for voidable marriages?
- under 18 and wife wants out
- not sober at time of ceremony
- shotgun weddings
- fraud
82
Who decides which spouse gets custody of the child?
The court
83
What is legal custody?
the right to make major decisions affecting the best interest of a minor child
84
What is physical custody?
Actual physical possession and control of the child
85
What is the legal standard used by the courts to determine child custody?
Best Interest of the Child
86
Child support is awarded when?
After the marriage ends
87
When it comes to property distribution, PA is what kind of state?
Equitable distribution
88
In an equitable distribution state, assets are classified into what three groups?
- Husband's separate property
- wife's separate property
- martial property
89
True or false: the expectation of inheritance is not an asset
True
90
In an equitable distribution state, assets are not split what?
50-50
91
Equity involves granting different types of what?
Remedies
92
What are the five types of remedies?
- Specific performance
- rescission
- reformation
- equitable liens
- constructive trust
93
What can an injunction be obtained against?
torts of nuisance, trespassing, unfair competition
94
An injunction may be what?
- mandatory
- negative
- interlocutory
- permanent
95
An injunction must be obeyed until when?
it is vacated or modified by the courts
96
Injunctions are enforced by what?
civil and criminal contempt
97
What is a civil wrong that usually results in some injury?
A tort
98
What are the three types of torts?
- intentional
- negligence
- strict liability
99
When does one commit an intentional tort?
If one acts knowingly, purposefully, and willingly that it will cause an injury
100
the intent to harm one person is transferred to the person actually harmed happens under what document?
the doctrine of transferred intent
101
What are examples of personal torts?
- assault
- battery
- false imprisonment
102
businesses are allowed to make a reasonable detention and investigation if they have reasonable grounds under what rule?
shopkeeper's privilege
103
Intentional infliction of emotional distress requires what?
outrageous conduct that is intentional or reckless
104
The unprivileged publication of a factual statement that is not true and injurious to a person's reputation is called what?
defamation
105
What is the difference between libel and slander?
libel is written, slander is oral
106
A statement that on its face is defamatory is called what?
Slander per se
107
Intentional and offensive intrusion upon the solitude of another or upon is or her private affairs is called what?
Invasion of privacy
108
Intent to deceive where the misrepresentation is justifiably relied upon and causes damages is called what?
fraud (misrepresentation)
109
Filing an unjustified criminal complaint against an individual leads to what?
Malicious prosecution and abuse of process
110
An intentional interference with an individual's right of exclusive and complete possession of land is known as what?
trespassing
111
Wrongful exercise of control over the personal property of another is called what?
Conversion
112
Improper interference with the intellectual property rights of another is called what?
Infringement
113
The publication of an untrue statement of fact that injures a business interest is called what?
Disparagement
114
What are the four defenses to intentional torts?
- consent
- privilege
- necessity
- self defense
115
what are the four elements that prove negligence?
- tortfeasor was under a duty to use duecare
- a breach of that duty
- breach was both actual and proximate
- damages were incurred
116
The standard of conduct established by law is expressed with reference to the conduct of a hypothetical situation is called what?
Duty
117
Breach of duty is sometimes based on the concept of the injury speaking for itself. What is this called?
res ipsa loquitor
118
If the tortfeasor's act is a violation of a statute, it is called what?
Negligence per se
119
Actual cause requires what test?
The "but for" test
120
Proximate cause is a question of what?
Foreseeability
121
True or false: a landowner is not liable for injuries caused by artificial conditions that he negligently fails to correct
False
122
Who are trespassers?
Those whoa re on the land without express or implied permission
123
An attractive nuisance relates to who?
Trespassing children
124
Who are licensees?
Person who are on the land with permission for a legitimate purpose
125
Who are invitees?
people on the property as members of the public, or to further the business interest of a landowner
126
What are the two types of nuisance?
Public and private
127
What is it called when the law imposes liability on another person for the tort committed by someone if that someone was an employee on the job?
Vicarious Liability
128
Liability is based on what?
Public policy
129
Abnormally dangerous activities are also called what?
Ultrahazardous activities
130
Dangerous animals fall into what two categories?
- Wild animals
| - Domestic animals who become dangerous
131
What is the "one-bite" rule?
The owner of a cat or dog is not liable on the first occasion their pet bites a person
132
Resolution 402A is what?
Product-liability law
133
Res. 402A requires what?
- product must be defective
| - unreasonably dangerous
134
What is contributory negligence?
When the plaintiff was also negligent and contributed to his own injuries
135
what does the concept of Last Clear Chance provide?
If the negligent defendant had the last opportunity to avoid an accident, the contributory negligence of the plaintiff will not be a bar to recovery
136
what is comparative negligence?
compares the negligence of the plaintiff to that of the defendant, and awards damages in proportion to fault
137
When one is knowingly and voluntarily assumes a risk, he cannot sue for injuries. What is this called?
Assumption of risk
138
True or false: under immunity, government agencies are immune from negligence suits for discretionary acts
True
139
The principle sellers of insurance are who?
- stock companies
| - mutual companies
140
The owners of stock companies are who?
Shareholders
141
The owners of mutual companies are who?
policyholders
142
Insurance is mainly regulated at what level of government?
State
143
What year was the National Association of Insurance Commissioners (NAIC) formed?
1871
144
What year was the McCarron-Ferguson Act enacted?
1945
145
The Terrorism Risk Insurance Act of 2002 requires insurers to do what?
Offer coverage of losses caused by terrorist attacks
146
What is adverse selection?
A party facing a high risk of loss is more likely to seek insurance than parties with lower risk
147
What is moral hazard?
the risk that a beneficiary would intentionally destroy something to obtain payment
148
A method of disclosing the nature of the risk to be insured is called what?
Insurance warranty
149
An insurance policy may become void due to what?
Fraud
150
What is the principle of contra proferentem?
Ambiguous provisions in the insurance contracts are against the drafter
151
The notion that the purpose of insurance is to protect the insured against suffering a loss, not to create the opportunity for gain is called what?
Principle of indemnity
152
The legal form of substitution is called what?
subrogation
153
What insurance protects the insured against a loss that she/her family members suffer?
First party insurance
154
What insurance protects the insured against legal liability to a third party resulting from the insured's actions?
Third Party Insurance
155
What provides general insurance against the kinds of liability that any business may face?
Commercial General Liability Insurance
156
Claims-made coverage insures against claims made when?
During the policy period
157
What insures against liability for injury or damage that occurs during the policy period, even if the suit is brought later?
Occurrence coverage
158
What insures against damage to the insured's vehicle caused by the upset of the vehicle or by its impact with another vehicle/object?
Collision Coverage
159
What insures against loss resulting from many of the causes excluded from the definition?
Comprehensive coverage
160
What are exempt assets?
Those the debtor can keep even after filing for bankruptcy
161
If the debtor has assets that are not exempt, they must be turned over to who?
A trustee
162
The history of bankruptcy starts where?
The Bible
163
What Bible verse discusses "year of restoration-year of jubilee?"
Leviticus 25 verses 8:17
164
The year of jubilee indicates what?
Every 50 years, everything is wiped out
165
How did Roman law recognize bankruptcy?
The creditor's remedy to divide up the assets of the debtor
166
When was the first common law of bankruptcy enacted?
1542
167
When was the first US bankruptcy law enacted and repealed?
1800; repealed in 1803
168
Another bankruptcy law was passed and repealed when?
1841; repealed in 1842
169
When was the first modern bankruptcy act passed?
1867
170
When was the modern bankruptcy act amended and what did it provide?
1874; can no longer file without creditor's consent
171
What year did a bankruptcy act pass that allowed voluntary filings?
1898
172
what year did a did a federal statute pass that now acts as the US bankruptcy code?
1978
173
What is the official name of the US bankruptcy code?
11 U.S.C Sections 101 to 1330
174
For current bankruptcy filings, how do attorneys have to file?
Online
175
Who does not have to file for bankruptcy online?
Pro se litigants
176
When filing stops all litigation, this is called what?
Automatic Stay
177
Any entity that can file for bankruptcy can file under what?
Chapter 7
178
Who cannot file for bankruptcy?
Insurance companies
179
Chapter 7 is a what?
Liquidation
180
Chapter 13 involves what?
a payment plan and no liquidation
181
What is the limit on chapter 13?
1.3 million
182
Chapter 11 is for what?
Businesses
183
What refers to useful artistic and industrial information and knowledge?
Intellectual property
184
What is the right given to authors and artists who create works that can be fixed in a tangible medium?
Copyright
185
The WTO requires members to provide copyright protection for how long?
50 years
186
What grants an inventor an exclusive privilege to use or sell a method or process for a limited method or process?
Patent
187
Patents may be declined to inventions that are not what?
- new
- novel
- industrially useful
188
What are words, names, symbols, or devices used by merchants to identify themselves and their goods?
Trademarks
189
To be registered, a trademark must what?
- not infringe on another mark
| - be distinctive
190
What is also called know how, and is the practical expertise acquired from study, training, and experience?
trade secret
191
attempts in the 18th century to form labor organizations in the US were treated by the courts as what?
Criminal Conspiracies
192
What year did a judicial decision change the treatment of labor organizations?
1842
193
When did many of the labor unions in the US have their origins?
1850's
194
When was the American Federation of Labor founded?
1886
195
When did Congress create the US commission on Industrial Relations?
1912
196
In 1932, Congress passed what that disallowed injunctions against peaceful collective action?
Norris-La Guardia Act
197
What year did the National Labor Relations Act pass?
1935
